Legal Opinion

Farmer v. City of Cedar Rapids

Supreme Court of Iowa

Decided April 11, 1902PublishedCited by 8 opinions

Appeal from Linn District Court. — Iíon. W. G. Thompson, Judge. Lot 3 in block 13 in Carpenter’s Second addition to Cedar Hapids fronts on Ninth street, and is half way between Second and Third streets. A house was built on this lot several years before any grade was established.

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Appeal from Linn District Court. — Iíon. W. G. Thompson, Judge. Lot 3 in block 13 in Carpenter’s Second addition to Cedar Hapids fronts on Ninth street, and is half way between Second and Third streets. A house was built on this lot several years before any grade was established. In 1875 the city, by ordinance, fixed the grade of each of the above streets, practically at the surface in front of lot 3; but in 1886 another ordinance was enacted, fixing the grade from two to three feet higher than that established by the previous ordinance. The plaintiff bought the lot in 1893, and immediately…

1Opinion of the Court

Ladd, G. J. —

1

*324 2

3 *323The grade established by the ordinance of 1875 had never been acted on by the lot owner or the city. It was superseded by that fixed in 1886 long before the plaintiff improved her property. There existed tlien in 1893 but one established paper grade for the street. No physical change had been made in the street *324prior to 1896j and no alteration in plaintiff’s property with reference to the street from the time of the construction of the house, in 1871 or 1872, until the foundation was placed, in 1893. The situation is this: After the grade was established by ordinance, tbe…

2Cases cited6 opinions

  1. Kepple v. City of KeokukSupreme Court of Iowa · 1883
  2. Dalzell v. City of DavenportSupreme Court of Iowa · 1861
  3. Blanden v. City of Fort DodgeSupreme Court of Iowa · 1897
  4. Russell v. City of BurlingtonSupreme Court of Iowa · 1870
  5. Ressegieu v. City of Sioux CitySupreme Court of Iowa · 1895

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Chiesa & Co. v. City of Des MoinesSupreme Court of Iowa · 1912
  2. Reilly v. City of Fort DodgeSupreme Court of Iowa · 1902
  3. Wilber v. City of Fort DodgeSupreme Court of Iowa · 1903
  4. Richardson v. City of Sioux CitySupreme Court of Iowa · 1907
  5. Meardon v. Iowa CitySupreme Court of Iowa · 1910

3 more not listed; retrieve them via the Exa API.

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